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Jul 18, 2019

By Susan Crawford

A Deal May Still be a Deal: Ontario Court of Appeal Overturns Summary Judgment Decision that Severance Transaction was Unconscionable while Entitlement to LTD Benefits was a Live Issue.

In the recent decision Swampillai v. Royal & Sun Alliance Insurance Company of Canada the Court of Appeal was asked to consider the issue of co...

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Jul 11, 2019

By Mike MacLellan

The Only Thing Certain Was The Outcome: Human Rights Tribunal Finds Employer Discriminated Based On Family Status, But Does Not Apply Either Competing “Test”

Employers have a responsibility to accommodate employees’ family status obligations up to a point of undue hardship.  The Human Rights T...

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Jul 4, 2019

By Kelsey Orth

THE FRUSTRATION OF ACCOMMODATION GETS A BIT OF CLARITY: FRUSTRATION OF CONTRACT RESOLVED BY WAY OF SUMMARY JUDGMENT, EMPLOYER VINDICATED

A welcome decision for employers recently came to light as the Ontario Divisional Court in Katz et al. v. Clarke, 2019 ONSC 2188 ruled that frustra...

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Jun 27, 2019

By Angela Wiggins

Putting a Lid on It (Public Sector Wages that is) - What Bill 124 Means For Employers

The Ontario Government is currently on its summer recess, but just before taking the summer break Bill 124 was introduced on June 5, 2019. If Bill ...

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Jun 20, 2019

By Susan Crawford

Recent Ontario Court of Appeal Decision Reduces Notice Period but Preserves Bonus Entitlement

The issues of common law reasonable notice for long serving senior employees and bonus entitlement through that notice period can be thorny ones fo...

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Jun 13, 2019

By Mike MacLellan

Let’s Make a Deal…Unless the Law Won’t Allow It! Ontario Court of Appeal Reiterates that Employers Cannot Contract Out of the Employment Standards Act

Here are two things I want you to know before you even start reading this blog: Subsection 5(1) of Ontario’s Employment Standards Act (&ldqu...

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Jun 6, 2019

By Kelsey Orth

If You Don’t Have Anything Nice To Say About Your Employer, Don’t Say Anything At All… Especially If It Isn’t True!

We have all heard the story: the disgruntled former employee badmouthing the company he or she used to work for to anyone who will listen.  Ho...

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May 30, 2019

By Cristina Tomaino

Getting Off? Get Out! Arbitrator Upholds Just Cause Termination for Masturbating at Work

As our regular readers are likely well aware, unionized employers are held to a high threshold when asserting just cause termination. A recent deci...

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May 23, 2019

By Angela Wiggins

Recent Court of Appeal Decision Highlights The Risks of Re-Hiring Formerly Terminated Employees

Employers are increasingly aware of their obligations to investigate workplace sexual harassment and provide a workplace free of workplace sexual h...

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May 16, 2019

By Susan Crawford

Recent Divisional Court Ruling has Significant Implications for Public Sector Employers Using Proxy Method for Pay Equity Compliance

With smaller broader public sector employers like daycares and women’s shelters already facing declining government funding, a recent Court d...

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May 9, 2019

By Mike MacLellan

Purported Franchisor gets Taken to the Cleaners: Supreme Court of Canada Rules that Independent Contractor was In Fact an Employee

Once in a while I speak with a new client about their employment law obligations, and they inform me that they don’t have any employees. ...

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May 2, 2019

By Kelsey Orth

NOT EVERYONE WANTS THE LATEST TECHNOLOGY IN THEIR VEHICLE? TOO BAD, SAYS ARBITRATOR IN JUSTIFYING IN-CAB EMPLOYEE MONITORING SYSTEM

Today’s workplace has an interesting dynamic when it comes to technology and employees: while employees generally want access to all the tech...

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Apr 25, 2019

By Angela Wiggins

Tread Lightly: Employers are Reminded of Risks in Relying on Assumptions in Accommodation Cases

Employers are well aware of the duty to accommodate under the Ontario Human Rights Code (“OHRC”), and any employer who has been involve...

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Apr 18, 2019

By Cristina Tomaino

Employer’s Decision to Refuse Employment to Medicinal Marijuana User Upheld on Judicial Review

Canadian employers are increasingly required to balance their duty to maintain a safe working environment with the duty to accommodate the use of m...

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Apr 11, 2019

By Susan Crawford

Court of Appeal Confirms Employer Hardball Tactics Support $125K in Extraordinary Damages

Last June CCP blogged about the risks employers face when they bring suspect counter-claims and make allegations of just cause that they can’...

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Apr 4, 2019

By Mike MacLellan

Bill 66 Passes in Ontario Legislature - It Turns Out the Sky is Not Falling After All

The Ontario government has passed Bill 66, known as Restoring Ontario’s Competitiveness Act, 2019.  It is an omnibus bill making amendme...

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Mar 28, 2019

By Kelsey Orth

Court Comes Down on Employer: Failure to Train and Failure to Ensure Fall Protection Equipment Used Leads to Hefty Fine

As you know, the Provincial Government has the authority to publish convictions under the Provincial Offences Act, including those for violations o...

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Mar 21, 2019

By Cristina Tomaino

Court of Appeal Rules No Freestanding Tort of Harassment in Ontario

Back in 2017, we blogged about Merrifield v. the Attorney General (“Merrifield”), a decision where the Superior Court of Justice recogn...

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Mar 14, 2019

By Angela Wiggins

Time to Re-Think Accommodation Lists? WSIB Injuries Can Be Given Preferential Treatment

The Ontario Divisional Court has upheld the Ontario Human Rights Tribunal decision of Carter v. Chrysler Canada Inc. which found that an employer w...

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Mar 7, 2019

By Susan Crawford

Another Termination Clause Bites the Dust in Superior Court

CCP has blogged on numerous cases in the last few years where judges have struck down termination clauses in employment agreements for failing to m...

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